Page 110 - Wales & West Products Catalogue

Definitions
“The Company’ means WALES AND WEST BUILDING PRODUCTS LTD “the Customer” meant the person, firm, company organisation, Corpo- ration or public authority’ whose order is accepted or referred to in any document issued by the Company. “Goods” means the products sold by the Company or the Customers supplied products ordered or supplied by the Customer for repair and agreed to be sold by the Company or repaired at the Customer’s request.
General
All orders accepted and goods delivered by the Company are Subject to and upon the following terms and conditions of sale which shall constitute the entire agreement between the company end the Customer, No addition or variation shall apply unless agreed in writing by en authorised representative of the Company. IF THE
CUSTOMER SHALL NOT PREVIOUSLY HAVE ACCEPTED THESE TERMS AND CONDITIONS THEN UPON FIRST DELIVERY OF ANY ORDER THE CUSTOMER SHALL BE DEEMED TO HAVE GIVEN FINAL AND ABSO- LUTE ACKNOWLEDGEMENT OF ITS ACCEPTANCE OF THESE TERMS AND CONDITlONS IN THE FORM HEREIN SET OUT
No other terms and conditions that appear on any document issued by the Customer whether or not the same shall be signed by or on the behalf of the Company shall apply.
Acknowledgment of receipt of a Customer’s enquiry or order by the Company shall not constitute acceptance of that order for contractual purposes. The sending of formal written acceptance or a delivery note
or invoice by the Company shall alone constitute acceptance of the Customers order.
Liability in not accepted by the Company for any inaccuracy in or misunderstanding concerning orders when placed by the Customer on
the telephone.
In no circumstance shall the Customer cancel a contract to which these terms and conditions apply unless consent in writing in given by the Company. If consent is given the Customer will indemnify the Company against all losses (including loss of profit) suffered by the Company up
to cancellation.
Prices quoted are net of VAT and any other applicable taxes or levies that may be applied by any governmental statutory or local authority upon
the sale of goods or the supply of services. Any such provisions will be charged at the rate prevailing at the time of dispatch or invoice as the
case may be.
Prices quoted in any of the Company’s Literature including promotional offer sheets are subject to variation without notice.
Any price or discount related problem mast be notified in writing to the Company’s Customer Service Department within 7 days of invoice or the invoice will be regarded as cleared for payment
4. Payment Terms
Pounds Sterling (or the lawful currency of England and Wales from time
to time) is the currency of account in all dealings between the Company and its Customers.
All account sales will be due, for payment by end of the month following the date of invoice unless otherwise agreed in writing by the Managing Director of the Company.
All sales for non-account customers must be paid in full prior to dispatch or collection.
The Customer shall not be entitled to make any deduction or withholding from any payment due to the Company in respect of any set-off or coun- ter-claim or otherwise unless both the amount and the validity have been expressly admitted in writing by the Company.
Failure(by the Customer to pay the monies due to the Company by the due date will entitle the Company to withdraw credit facilities and withhold further deliveries for orders and part orders held by the Company. This action will not incur any liability on the Company for actions against the Customer by third parties.
If the payment of the price of any part thereof and of all other sums paya- ble by the Customer is not made by the due date the Company shall be en- titled to charge in addition to any monies due interest on the outstanding amount al the rate of 2.5% per calendar month or any part thereof from the due dale until payment is made.
5. Delivery
The Company will use its reasonable endeavours to comply with dispatch, collection and delivery dates but such dates are estimates only and are not guaranteed and shall not be of the essence of any contract between the Customer and the Company.
Delivery shall be deemed to have taken place on the occurrence at the first point in any of the following events:
Delivery to our agents or carriers
Delivery by our van.
Collection from our site.
Dispatch of goods in the post.
(3) In the event of any failure to make delivery or delay in delivery the
Customer shall have no claim whatsoever against the Company for any indirect or consequential loss or damage by any kind.
4) Customers requiring collection of goods by the Company for return or repair shall ensure the said goods are available and reedy to’ collection by the Company’s agent at a mutuality agreed time. Failure of the Customer to comply will incur extra charges, which will be paid by’ the Customer. - (5) Any delivery discrepancies, including non and short delivery, must
be informed in writing to the Company’s Customer Service Department within 7 days of invoice date or the delivery will be regarded as complete. 6. Title to the Goods and Risk in the Goods.
Title to and property in the Goods shall remain in the Company until I payment in full of-
The total invoice price for the Goods and any relevant charges and
Any other amounts that are due for payment by the Customer to the company on any account.
The Customer will ensure the Goods are stored in suitable conditions so as not to allow deterioration of the goods until title has passed to the Customer.
Until title has passed to the Customer the Company may for the purpose of recovery of its goods enter the premises where they are stored or thought to be stored and repossess the same.
The risk in the Goods shall pass to the customer upon delivery as referred to in 5. (2) above.
Force Majeure
In the event that the Company shall be delayed in or prevented from carrying out all or any of its obligation as a result of any cause beyond its control including ( but not by way of limitation) war invasion, hostilities, civil war, terrorism, civil strike or commotion strikes, lock-outs, breakdown of plant, failure of third parties to deliver goods, storm, flood or any cause outside its control it shall be relieved of all obligations and liabilities incurred under such contract insofar as and for so long as the fulfilment of such obligations and liabilities is thereby prevented, frustrated or impeded.
Inspection, Acceptance and Return
The Customer must inspect and test, all Goods and notify the Company in writing of any defect, damage or other
fault within seven days of the date of the Company’s invoice. If no written notification is received, the Goods will be taken as having been received and accepted by the Customer free of any obvious defect or damage
The Company does not manufacture the Goods it sells. The Company will use all reasonable endeavours to assist the Customer to claim the benefit at any manufacturer’s warranty or indemnity. The Company cannot however accept liability for the suitability, fitness for purpose, operation or effectiveness of Goods it does not manufacture.
It is the Customer’s responsibility to comply strictly with the terms and conditions of any manufacturer’s warranty or indemnify.
The Customer will comply with the Company’s reasonable directions concerning any Goods which are claimed to be defective or damaged. It the Customer returns any Goods to the Company without the Company’s prior written consent, the Company may return them to the Customer, or store them, at the Customer’s risk and cost.
9. Limitation and Exclusions
If any Goods do not comply with the contract between the Company
and the Customer, for any reason, the Customer’s sole remedy against the Company shall be limited to the Company replacing the Goods or refunding the price paid for them.
Under no circumstances whatsoever shall the liability of the Company to the Customer exceed the price paid for the Goods.
The Company accepts no liability or responsibility any consequential or indirect losses or expenses, (including but not limited to any loss of profit, turnover, business, expectation or bargain) suffered by the Customer or any other person, for any reason.
Except as otherwise provided by these Terms and Conditions, all warran- ties, undertakings and conditions, express or implied, are excluded. Nothing in these Terms and Conditions excludes or restricts the Company’s liability for death or personal injury caused by the Company’s negligence, or for fraud or deliberate wrongdoing.
Each term and provision of these Terms and Conditions, is separate and distinct and shall not be affected by the invalidity or unenforceability of any other term or provision.
Nothing in these Terms and Conditions confers or implies any right, power or privilege on any person other than the Company’s Customer. Indemnity
The Customer shall comply with all instructions of the Company and/
or the manufacturer of Goods supplied by the Company in relation to
the fitting, installation, service and use of the Goods. The Customer shall keep the Company fully indemnified against all coats, claims, demands, expenses and liabilities that may occur due to any failure to comply with
TERMS & CONDITIONS